Europa Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – Limitation period – Punitive damages.
Insurance companies had unlawfully agreed to increase premiums. Advocate General Geelhoed, in his opinion, said that the principles in Courage v Crehan should apply to a breach of art 81, and that private enforcement and public enforcement co-existed. As regards compensatory damages, and damages which went further than providing compensation, he said: ‘Ensuring the useful effect of article 81(1) EC does not, to my mind, necessitate the award of compensation greater than the harm suffered. On the other hand, where special forms of damages can be awarded under national competition law, they must also be available if the claims concerned are based on an infringement of Community competition law.’
Citations:
C-297/04, [2006] EUECJ C-297/04, [2006] ECR 1-6619
Links:
Statutes:
Jurisdiction:
European
Citing:
See Also – Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-298/04 ECJ 13-Jul-2006
ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on . .
Cited by:
Cited – Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others CA 14-Oct-2008
The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. The claimant appealed refusal of an award an account of profits for what was akin to a breach of statutory duty.
See Also – Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-295/04 ECJ 13-Jul-2006
ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 27 October 2022; Ref: scu.243110
